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CONFIDENTIAL

Jun. 29, 1996

Torts
Breach of Contract
Interpleador

Confidential

Settlement –  $900,000

Judge

Wayne L. Peterson

J. Lawrence Irving

Court

San Diego Superior


Attorneys

Plaintiff

M. Steven Andersen


Defendant

Ali M. Mojdehi


Facts

The defendant bank, through its subsidiary, was under contract to sell certain real property to the plaintiff company. The transaction was held up by a lis pendens recorded in connection with an action against the defendant bank. The bank undertook to remove the lis pendens and eventually reported to the plaintiff that title was clear. The plaintiff bought the property on March 31, 1994, only to discover that the lis pendens still clouded title to the property. The plaintiff brought this action against the defendants, the bank, its subsidiary and its employees, based on fraud, negligent misrepresentation, breach of contract, breach of implied covenants, injunction, interpleader and declaratory relief.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $__________ . The defendant made a C.C.P. º998 offer of compromise for $__________________ .

Damages

The plaintiff claimed $1,200,000 for lost rents, lost profits and damage to title.

Other Information

The settlement was reached approximately six months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19____ before _______________ (name) of _____________ (affiliation or court) resulting in _______________ .


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